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|Railroad Ordered to Reinstate and Pay Worker $244,000 After Alleged Termination for Failure to Perform Required Inspection Because of Hazardous Safety Conditions|
Sutherland Asbill Brennan LLP;
May 21, 2014, previously published on May 16, 2014Following an inspection, OSHA has ordered a railroad to reinstate a conductor and pay him more than $244,000 in back wages and damages following his termination for allegedly failing to perform an inspection of a passing train under hazardous safety conditions. The damage award includes $100,000 in...
|Alleged Safety Failures in Transporting Crude by Rail Leads to Criminal Charges|
Sutherland Asbill Brennan LLP;
May 21, 2014, previously published on May 13, 2014The Quebec prosecutor’s office has announced it will seek criminal charges against a rail company and three of its employees following the Lac-Mégantic derailment and explosion last year. The director of criminal and penal prosecutions posted the public statement on the...
|The GROW AMERICA Act - Paves the Way for Public-Private Partnerships and State Funding for Infrastructure Through Tolling Facilities|
Diane J. Blagman, Jean M. DeLuca, Alais L. M. Griffin, Jamey L. Tesler, David Veator; Greenberg Traurig, LLP;
May 19, 2014, previously published on May 8, 2014On April 30, 2014, the President sent a $302 billion surface transportation act to Congress, titled the Generating Renewal, Opportunity, and Work with Accelerating Mobility, Efficiency and Rebuilding of Infrastructure and Communities throughout America Act (GROW AMERICA Act or the Act). This...
|Hands-Free Calling ... Is It Really Safer? Considerations for Employers|
Matthew J. Riopelle; Foley & Lardner LLP;
May 16, 2014, previously published on May 15, 2014As today’s vehicles become more integrated with cell phones, employers should consider adopting policies regarding employee’s use of personal and work issued cell phones. Many states have adopted laws prohibiting texting or the use of hand-held cell phones, but hands-free calling,...
|National Transportation Safety Board Provides Tractor Trailer Safety Recommendations to the National Highway Traffic Safety Administration|
Brian Del Gatto, Michael Lettiero; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 16, 2014, previously published on May 14, 2014On April 3, 2014, the National Transportation Safety Board (NTSB) provided seven safety recommendations to the National Highway Traffic Safety Administration (NHTSA) addressing tractor trailer safety. The recommendations comprise four general topics:
|Ohio: Supreme Court Holds Local Income Tax Preempted for “Motor Transportation Companies”|
McDonald Hopkins LLC;
May 13, 2014, previously published on May 1, 2014The Ohio Supreme Court has recently held that the Village of Seville’s (the Village's) income tax on net profits was preempted by a state law when such local income tax was applied to “motor transportation companies.” (Panther II Transp., Inc. v. Seville Bd. of Income Tax Rev.).
|A Peek at the NHTSA Provisions in the DOT's Transportation Bill|
Christopher H. Grigorian; Foley & Lardner LLP;
May 12, 2014, previously published on May 5, 2014Last week, the U.S. Department of Transportation (DOT) unveiled its long-term transportation bill, entitled the Grow America Act, which it is sending to Congress for consideration. Among other things, the bill contains several provisions that enhance the National Highway Traffic Safety...
|Off With Your Head(quarters)? Oklahoma's Headquarters Deduction Survives Constitutional Challenge|
Timothy A. Gustafson, Kathryn E. Pittman; Sutherland Asbill & Brennan LLP;
May 5, 2014, previously published on April 29, 2014The Oklahoma Supreme Court held Oklahoma’s deduction for capital gains arising from the sale of a company headquartered in the state for three or more years does not violate the dormant commerce clause of the U.S. Constitution. The taxpayer, a California company with its headquarters in...
|Environment Canada Issues Hydrofluorocarbon Reporting Requirement|
Dentons Canada LLP;
May 2, 2014, previously published on April 29, 2014On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain...
|OSHA Comments on Distracted Driving Initiative|
John D. Surma; Adams and Reese LLP;
April 29, 2014, previously published on April 21, 2014In OSHA’s April 15, 2014, issue of “Quick Takes,” its bi-monthly newsletter, the agency commented on the US Department of Transportation’s national campaign to stop texting while driving and other forms of distracted driving. OSHA took the opportunity to remind employers of...